Kiwi Crate Giveaway Official Rules

OFFICIAL GIVEAWAY RULES NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET. AFFIDAVIT OF ELIGIBILITY AND RELEASE OF LIABILITY FORM MAY BE REQUIRED.

The Circle of Moms’ Kiwi Crate Giveaway (the “Giveaway”) is sponsored by Sugar Publishing, Inc. (owner and operator of circleofmoms.com), having an address of 111 Sutter Street, Suite 850, San Francisco, CA 94104 (“Sugar”) and Personal Retailing Inc. (owner and operator of www.kiwicrate.com), having an address of 103A Pioneer Way, Mountain View, CA 94041 (“Kiwi Crate,” Sugar and Kiwi Crate are collectively referred to herein as “Sponsor”). Entrant’s registration and participation in the Giveaway shall be governed by the terms and conditions contained herein (the “Official Giveaway Rules”).

ELIGIBILITY: The Giveaway is open only to permanent, legal residents physically residing in one of the fifty (50) United States of America and the District of Columbia, excluding Rhode Island. All entrants must be at least eighteen (18) years of age as of the date of entry. Employees of Sponsor and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Giveaway, and their immediate family members (defined as spouses and biological, adoptive or step-parents, legal guardians, children, siblings, or grandparents, their respective spouses and any dependent under federal income tax law) or household members are not eligible to participate in or win the Giveaway. Winners may be required to sign an Affidavit of Eligibility and complete relevant tax forms as a condition to the delivery of the applicable prize. Void where prohibited by law. All applicable federal, state and local laws apply.

HOW TO ENTER: No purchase is necessary to participate in the Giveaway.

To enter for your chance to win a 2-month subscription (a “Prize”) you must navigate to the Giveaway entry post located at: http://www.circleofmoms.com/article/kiwi-crate-giveaway-win-2-month-subscription-05173 and post a comment with a relevant answer to the question presented between 00:01am PDT on Monday, September 17, 2012 and 11:59pm PDT on Sunday, September 23, 2012 (the “Entry Period”). By entering online, you will be agreeing to receive emails from Sponsor.

Alternative Method of Entry (AMOE). You may also enter the Giveaway by mail as follows. On a plain 3” x 5” index card, legibly handprint or type your first name, last name, date of birth, complete address, city, state, zip code, home phone number (including area code), and email address (if any) and mail your completed 3” x 5” card to: “Circle of Moms Kiwi Crate Giveaway”, Sugar Publishing, Inc., 111 Sutter Street, Suite 850, San Francisco, CA 94104. To be considered eligible in the Sweepstakes, AMOE entries must be postmarked not later than September 23, 2012 and received no later than 12:00 p.m. PDT on September 25, 2012.

Regardless of method of entry, only one (1) entry per person is permitted.

By entering, you will be agreeing that your registration and any other information collected in connection with the Giveaway, including, but not limited to your email address, may be used by Sugar in accordance with Sugar’s Privacy Policy, a current copy of which can be found here: http://www.sugarinc.com/privacy, may be used by Kiwi Crate in accordance with Kiwi Crate Privacy Policy , a current copy of which can be found here: [http://www.kiwicrate.com/privacy], and may be shared with Sponsor’s affiliated business entities, and that you automatically opt-in to receive email, text messages or other communications from Sponsor. You may subsequently opt-out of the receipt of such email or communications by following the directions in the email, communications or by contacting Sponsor directly. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. All entries become the property of the Sponsor. Entries generated by script, macro or other automated means are void. Notwithstanding anything to the contrary in the foregoing, information collected from entrant will only be used for direct marketing purposes if entrant consents to use in such manner. Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated program or via scripts. By participating, all entrants agree to abide by these Official Giveaway Rules.

PRIZES: At the end of the Entry Period, there will be one (1) drawing in which three (3) potential Prize winners shall be randomly selected by Sponsor from all eligible entries received during the Entry Period via the Circle of Moms Giveaway Post. The Prize winners will receive one (1) 2-month subscription to Kiwi Crate. Each Prize has a total retail value of $39.90 at the time of reward.

Decisions of the Sponsor are final and binding with respect to all matters related to the Giveaway. Sponsor may, in its sole discretion, temporarily suspend the Giveaway for the duration of any force majeure event, or extend the Giveaway Period. All prizes will be awarded. In no event shall the Sponsor be obligated to award more prizes than the number of prizes stated in these Official Giveaway Rules. No substitutions (including for cash) are permitted, except that Sponsor reserves the right to substitute a prize of equal or greater monetary value for any prize. Winners shall be responsible and liable for all federal, state and local taxes on the value of their prize. If required by Sponsor, the winner must complete and return to Sponsor an IRS Form W-9 that reflects winner’s taxpayer identification number or social security number. The winner will receive from Sponsor an IRS form 1099-MISC at the end of the calendar year, and a copy of such form will be filed with the IRS. To receive a complete list of winners or a copy of the Official Giveaway Rules, send a self-addressed stamped envelope to Prize Fulfillment, Sugar Inc., 111 Sutter Street, 8th Floor, Suite 850, San Francisco, CA 94104. Specify winner's list or rules on your request. Please allow 6-8 weeks for prize delivery.

SELECTION: The Prize winning entries will be chosen at random. The number of eligible entries received determines the odds of winning. In the event of a dispute regarding the identity of the person submitting the entry, the entry will be deemed to be submitted by the person in whose name the e-mail account is registered. The Giveaway will be conducted under the supervision of the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to this Giveaway. Sponsor reserves the right to determine the method of notification. Winners must claim their prize within three (3) business days after the date of notification of such prize. A Giveaway winner's failure to respond to the prize notification within the specified three (3) business days will be considered such Giveaway winner's forfeiture of the prize and an alternate winner may be selected from the pool of eligible entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries. Sponsor reserves the right to ship prizes directly to the email and/or mailing address provided by winners during their entry to the Giveaway. Each entry submitted in response to the Giveaway and in accordance with these Official Giveaway Rules will constitute an official entry. Duplicate entries will be void. All entrants agree to abide by these Official Giveaway Rules. All entries become the property of the Sponsor.

GENERAL CONDITIONS AND RELEASES: Entrants or winners may be disqualified from the Giveaway if he or she fails to comply with each provision of these Official Giveaway Rules, as determined in the sole discretion of the Sponsor. Participation in the Giveaway is at entrant’s own risk. Neither Sponsor nor any of Sponsor’s partners, subsidiaries, affiliated entities, suppliers, employees, directors, officers, agents or representatives (collectively, “Releaseees”) shall be liable for 1) failed, returned or misdirected notifications based on inaccurate information provided by the winner on the Giveaway entry form, 2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind, 3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Giveaway, 4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from downloading any part of this Giveaway or 5) any warranty of fitness or merchantability of any prize or the function or operation thereof, which shall be the sole responsibility of the manufacturer of the prize. Sponsor does not make any, and hereby disclaim any and all, representations or warranties of any kind regarding any prize. Unless prohibited by applicable law, your entry constitutes your permission to use your name, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any further compensation to such entrant. By entering or accepting a prize in the Giveaway, winners agree to be bound by these Official Giveaway Rules and to conform to all federal, state and local laws and regulations. When applicable, the winner may be required to execute and return to Sponsor within five (5) business days an Affidavit of Eligibility and a Liability and Publicity Release to be eligible for the prize or an alternate winner will be selected. Winner may be required to furnish proof of identity, address and birth date in order to receive a prize. By entering, an entrant agrees to release and hold harmless Releasees from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from their acceptance, possession and/or use of any prize or their participation in this promotion, or from any misuse or malfunction of any prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with this Giveaway will be ineligible for prizes and may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Giveaway Rules in any way or at any time. Sponsor reserves the right, in their sole discretion, to cancel or suspend this Giveaway should viruses, bugs or other causes beyond their control corrupt the administration, security or proper play of the Giveaway. In the event of cancellation or suspension, Sponsor shall promptly post a notice on the Giveaway entry page to such effect. This Giveaway shall be governed by California law without regard to its conflict of laws provisions. By participating in this Giveaway, entrants hereby irrevocably consent to exclusive jurisdiction and venue in the state and federal courts of San Francisco, California for any dispute or litigation arising from or relating to this Giveaway.

MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Giveaway Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Giveaway Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Giveaway Rules will not constitute a waiver of that provision. When terms such as "may" are used in these Official Giveaway Rules, Sponsor has sole and absolute discretion. Entrants agree to waive any rights to claim ambiguity of these Official Giveaway Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Giveaway-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Giveaway Rules, the Official Giveaway Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.